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B-189330(2),B-189619(2) 1 (1977-11-08)

handle is hein.gao/gaobadfhh0001 and id is 1 raw text is: ...aL THE CCMPTRCLLER GENWEAL1 CKC DECISIC3N . .a T s uaeaaA e FILE: B-189619(2), B-189330(2) DATFE: Novembsr 8, 1977 MATTER OF: Steuart Petroleum Company; L. A. Swann Oil Company DIGEST: Pratest alleging that agency awarded contract to other than low bidder and to bidder not qualified under Wlsh- Healey Act is dismissed since this Office does not render decisions on prottst issuer which are pending before a court of compncent jurisdiction. S:euart Petroleum Company (Steuart) and L. A. Swann Oil Company (Swann) bive protested the award of a contract to Roarda, Inc. (Roarda) for the e'pply and delivery of petroleum products to various defenEe installations under IFB No. DSA6CC-77-B-0003 issued by the Defense Fuel Supply Center. The essence of Steuart's and Swann's protests is that Roarda is not entitled to the award since its price is nut low because of the method of escalation used by Roarda in its bid and Roarda Is not qualified as a regular nealer under the Walsh-Healay Act, 41 U.S.C. 135-45 (1970), since it has no commercial business and does not have storage facilities or maintain distribution equipment suffi- cent to handle the volume of deliveries required by the contract. On August 11, 1977, Steuart filed suit in the UnIted Statei District Court for the District of Columbia, seeking declaratory and injunctive relief on the basis that Roarda is not the low bidder and not a qualified bidder under the Walsh-Healey Act, supra. On September 1, the original complaint filed by Steuart was amended to add Swann as an additional party plaintiff. A hearing on the motion for preliminary injunction was held on September 6. By order dated October 11, 1977, in the case of Steuart Petroleum Company v. United States of America, Civil Action No. 77-1398, the Court issued a preliminary injunction ordering the agency pendenta lite to set aside the award to Roarda: provided, how- ever, that the order be stayed for 60 days to give the agency an opportunity to resolicit the requirement or procted in any manner authorized by law. I I

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